The plaintiff for this case is the People of the State of New York. The defendant of the case is Marcus Wiggins. The case is being heard in the Supreme Court of the State of New York in Bronx County. Judge Dominic R. Massaro is presiding over the case.
The issue in front of the court is what risk level the defendant should be assessed at. The defendant pled guilty to attempted sexual abuse (sex crimes) in the first degree. The People in accordance with the Sexual Offenders Registration Act and the Board of Examiners of Sex Offenders state that the defendant Marcus Wiggins should be designated as a Sexually Violent Offender, Risk Level 2, when he is released. The defendant argues that this designation is incorrect. He states that 25 points were wrongfully added to his assessment for engaging in sexual intercourse, aggravated sexual abuse, or deviate sexual intercourse with the victim. The defendant states that he was convicted of an attempt and for this reason is not guilty of any of the above.
Case Facts
On the 4th of May, 2000, the defendant, Marcus Wiggins, was arrested along with John Scott for allegedly committing the crime of kidnapping, rape, sodomy, and unlawful imprisonment all in the first degree. All of these crimes were committed against the victim Sabrina. The incident occurred around 11 p.m. in the area of East 23rd Street and White Plains Road located in Bronx County.
The defendant along with the co-defendant John Scott was indicted for all of these charges. In the felony complaint it is alleged that the two men took the victim into a car and would not let her out. When the victim tried to leave the car she was pulled back in and her mouth was covered when she tried to scream. Scott held the victim down while the defendant put his penis into her vagina. Scott put his penis in her mouth. Both of these acts were done without the victim’s consent.
During the trial it was established that the victim was with a friend at the time of the incident. Her friend, Rosalie knew the defendant. The two women were in the back of the car and Rosalie got out of the car to buy some cigarettes. The defendant drove off with Sabrina in the car. Sabrina tried to call Rosalie for help, but the defendants covered her mouth. After raping the victim they drove her to within a block of her home and shoved her out.
Case Discussion and Decision
The defendant of this matter has a criminal history. In addition, his argument that he was only convicted of an attempt is not pertinent in this situation. During trial it was revealed that he participated in sex with the victim that was unwanted. All of the evidence in the matter points to the fact that he used forcible compulsion, had sex with the victim, and acted with a partner. When the points are totaled for all of these acts the defendant falls into the category of Sexual Offender Level 2.
For these reasons the court rules in favor of the plaintiff and the defendant is rated as a Risk Level 2 Sexually Violent Offender.
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